Roberto Berrios v. United States Immigration Dept ( 2020 )

Case: 20-40380 Document: 00515547066 Page: 1 Date Filed: 08/31/2020
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
No. 20-40380 August 31, 2020
Summary Calendar Lyle W. Cayce
Clerk
Roberto Fredis Berrios,
Plaintiff—Appellant,
versus
United States Immigration and Naturalization
Department,
Defendant—Appellee.
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:20-CV-56
Before Clement, Higginson, and Engelhardt, Circuit Judges.
Per Curiam:*
Robert Fredis Berrios appeals the district court’s dismissal of his
petition for a due process hearing. Berrios is currently being held on a state
conviction at the Willacy County State Jail in Raymondville, Texas. He
*
Pursuant to 5TH CIRCUIT Rule 47.5, the court has determined that this opinion
should not be published and is not precedent except under the limited circumstances set
forth in 5TH CIRCUIT Rule 47.5.4.
Case: 20-40380 Document: 00515547066 Page: 2 Date Filed: 08/31/2020
No. 20-40380
alleges that he is subject to an unconstitutional immigration detainer, and he
argues that he is eligible for a waiver of inadmissibility under 8 U.S.C. §
1182(h). Construing his petition as a habeas petition pursuant to 28 U.S.C. §
2241, the district court held that it lacked jurisdiction and dismissed his
petition without prejudice. We AFFIRM.
Since the passage of the REAL ID Act, federal courts lack jurisdiction
over § 2241 petitions attacking removal orders. See Rosales v. Bureau of
Immigration and Customs Enforcement, 426 F.3d 733, 736 (5th Cir. 2005). In
the event that a final order of removal is entered against Berrios, “the sole
and exclusive means for judicial review” of the order is to file a petition with
“an appropriate court of appeals.” 8 U.S.C. § 1252(a)(5); see also Rosales, 426
F.3d at 736. Berrios does not allege that he is subject to a final order of
removal, nor does he allege that he has unsuccessfully sought a waiver of
inadmissibility. Zolicoffer v. United States Dep’t of Justice, 315 F.3d 538, 541
(5th Cir. 2003).
2